Travelers beware: U.S. agents now have the authority to seize and
retain laptops indefinitely, according to a new policy detailed in
documents issued by the U.S. Department of Homeland Security.
As
part of border search policy, government agents are now authorized to
seize electronic devices and inspect documents in them, the document states. The electronic devices might include laptops, cell phones,
portable music players or storage devices such as portable hard drives.
Agents
with U.S. Customs and Border Protection will also be allowed to
translate and share documents with other government agencies.
The
DHS document, issued July 16, appears to state publicly a policy that
has already existed. Laptops and electronic devices have been subject
to search in the past, and travelers have reported not getting their
devices back. The policy has drawn strong criticism from lawmakers and
nonprofit groups, who charged that the searches were invasive and a
violation of an individual's privacy rights. Computers contain a vast
amount of private information about family, finances and health, which
could be easily copied and stored in government databases, the
Electronic Frontier Foundation has complained.
The policy
document states that being able to examine documents and electronic
devices is crucial for "detecting information concerning terrorism,
narcotics smuggling ... contraband including child pornography, and ...
other import or export control laws."
The new DHS policies allow customs agents to analyze the contents of laptops without any suspicion of wrongdoing, U.S. Senator Russ Feingold said in a statement.
"The policies that have been disclosed are truly alarming," Feingold wrote.
The
policy could blur the distinction between "search" and "seizure," which
could also allow DHS officials to steal personal documents from laptops
it has retained, Feingold wrote.